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2008

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Articles 1561 - 1590 of 2087

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Major "Minor" Progress Under The Third Pillar: Eu Institution Building In The Sharing Of Criminal Record Information, James B. Jacobs, Dimitra Blitsa Jan 2008

Major "Minor" Progress Under The Third Pillar: Eu Institution Building In The Sharing Of Criminal Record Information, James B. Jacobs, Dimitra Blitsa

Chicago-Kent Journal of International and Comparative Law

No abstract provided.


The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso Jan 2008

The Unjust Exclusion Of Gay Sperm Donors: Litigation Strategies To End Discrimination In The Gene Pool, Luke A. Boso

West Virginia Law Review

No abstract provided.


Proceedings Of The 18th National Cave And Karst Management Symposium, October 2007, William R. Elliott Jan 2008

Proceedings Of The 18th National Cave And Karst Management Symposium, October 2007, William R. Elliott

KIP Talks and Conferences

No abstract provided.


Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald Jan 2008

Why We Should Abandon The Balance Metaphor: A New Approach To Counterterrorism Policy, Stuart Macdonald

ILSA Journal of International & Comparative Law

One of the central objectives in counterterrorism policy is commonly said to be to balance the competing demands of security and liberty.


Perpetual Panic, Michael M. O'Hear Jan 2008

Perpetual Panic, Michael M. O'Hear

Faculty Publications

No abstract provided.


Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow Jan 2008

Civic Republicanism, Public Choice Theory, And Neighborhood Councils: A New Model For Civic Engagement, Matthew J. Parlow

Faculty Publications

This paper analyzes the lack of civic engagement in local government decision-making and the problems that result from it. I consider one explanation as viewed through public choice theory: dominant special interest groups capture local governments for their own private interests. Thus, average citizens are not only alienated from their local government, but they also find the barriers to entry into local politics too high for collective action and participation. While at first glance this account seems descriptively accurate, public choice theory has normative limitations in explaining local governments because it fails to recognize these features of the local politics …


Military Jurisdiction, The Right Not To Be Tried, And The Suspension Clause After Boumediene, Stephen I. Vladeck Jan 2008

Military Jurisdiction, The Right Not To Be Tried, And The Suspension Clause After Boumediene, Stephen I. Vladeck

Human Rights Brief

No abstract provided.


Who Said You Have Only One Calling?, Peter Marty Jan 2008

Who Said You Have Only One Calling?, Peter Marty

Intersections

No abstract provided.


Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott Jan 2008

Confronting Chronic Pollution: A Socio-Legal Analysis Of Risk And Precaution, Dayna Nadine Scott

Comparative Research in Law & Political Economy

The central aim of this article is to demonstrate a socio-legal approach to risk and precaution using the example of chronic pollution. Drawing on ongoing empirical work with the Aamjiwnaang First Nation, which is tucked into Sarnia's "Chemical Valley," a secondary aim is to influence and shape how we understand the problem and confront the risks of chronic pollution. This article forwards the argument that the prevailing regulatory approach is incapable of capturing the essence of contemporary pollution harms, because those harms are increasingly linked to continuous, routine, low-dose exposures to contaminants that are within legally sanctioned limits. Community residents …


Individual Emergencies And The Rule Of Criminal Law, François Tanguay-Renaud Jan 2008

Individual Emergencies And The Rule Of Criminal Law, François Tanguay-Renaud

Comparative Research in Law & Political Economy

This is the draft of a paper initially presented in the Oxford Jurisprudence Discussion Group. The paper assesses the relationship between individual emergencies and criminal law in light of the ideal of the rule of law and Joseph Raz's thesis about the normal justification of authority. After sketching out the main theoretical positions on how criminal law ought to provide for its own potential failure in the face of private emergencies, I argue that it is only in the most extreme and generalized cases that its sole legitimate response is to disclaim all competence in favour of its subjects. Whereas, …


The Constitution, The Camps & The Humanitarian Fifth Amendment, Tucker Culbertson Jan 2008

The Constitution, The Camps & The Humanitarian Fifth Amendment, Tucker Culbertson

University of Miami Law Review

No abstract provided.


Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa Jan 2008

Reclaiming Abandoned Properties: Using Public Nuisance Suits And Land Banks To Pursue Economic Redevelopment, Mathew J. Samsa

Cleveland State Law Review

The dangers posed by abandoned and vacant properties present a matter of primary concern for municipalities, especially in older, industrial cities. Addressing these issues requires innovative methods and long-term planning. This Note examines the methods of attacking abandonment. Part II, describes the problems presented by abandoned and vacant housing. Part III examines the effectiveness of code enforcement and traditional tax foreclosure. Part IV analyzes privatized nuisance abatement suits and receiverships. Part V discusses land banks. Part VI argues that using broadly empowered privatized nuisance abatement suits for individual parcels and land banks for mass acquisitions is the most effective means …


Motorcycle Helmet Laws: The Facts, What Can Be Done To Jump-Start Helmet Use, And Ways To Cap Damages, Melissa Neiman Jan 2008

Motorcycle Helmet Laws: The Facts, What Can Be Done To Jump-Start Helmet Use, And Ways To Cap Damages, Melissa Neiman

Journal of Health Care Law and Policy

No abstract provided.


Family Message Journals: A Tool For Writing Instruction Combined With Parent Involvement, Sandi Michele Mccann Jan 2008

Family Message Journals: A Tool For Writing Instruction Combined With Parent Involvement, Sandi Michele Mccann

Walden Dissertations and Doctoral Studies

Mandates on reading and math achievement in elementary education in rural Georgia have led to a decline in writing proficiency as the subject becomes increasingly neglected. At the same time, schools strive to increase parental involvement programs. Consequently, there is a need for more research on the impact of parental involvement on student writing proficiency. Accordingly, this qualitative case study examined the impact of Family Message Journals (FMJ) and parent participation on teaching writing across the curriculum. Participants included 6 third-graders and their parents. Students wrote in journals 4 days per week across the 4 months of the study, and …


Enforcing The Equator Principles: An Ngo's Principled Effort To Stop The Financing Of A Paper Pulp Mill In Uruguay, Vivian Lee Jan 2008

Enforcing The Equator Principles: An Ngo's Principled Effort To Stop The Financing Of A Paper Pulp Mill In Uruguay, Vivian Lee

Northwestern Journal of Human Rights

This note will focus on the efforts of an Argentine NGO, the Center for Human Rights and Environment, to use the Equator Principles to stop the financing and construction of a paper-pulp mill, Orion, by the Finnish company Metsa-Botnia in neighboring Uruguay. The Equator Principles, a set of voluntary commitments first adopted in 2003 by private financial institutions, reflect a commitment to, and increasing preoccupation with, responsible lending practices, with particular regard to social and environmental issues. As the Principles were conceived as a set of voluntary guidelines, they do not establish a mechanism for self-enforcement. Nevertheless, the voluntary principles …


Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors' Perceptions, Brenda V. Smith Jan 2008

Prosecuting Sexual Violence In Correctional Settings: Examining Prosecutors' Perceptions, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

The Prison Rape Elimination Act of 20031 (PREA) is the first piece of federal legislation, which expressly and exclusively addresses sexual abuse of persons in custody. Notwithstanding passage of the Act, there is clear belief, echoed by correctional leaders, that prosecutors are reluctant at best, and unwilling at worst, to prosecute cases of sexual violence in correctional settings. In order to gather information on prosecutor interest in and capacity to prosecute these cases, the National Institute of Corrections Project on Addressing Prison Rape at the Washington College of Law the (the NIC/WCL Project) collected data from state and federal prosecutors. …


The Perils Of A Half-Built Bridge: Risk Perception, Shifting Majorities, And The Nuclear Power Debate, Amanda Leiter Jan 2008

The Perils Of A Half-Built Bridge: Risk Perception, Shifting Majorities, And The Nuclear Power Debate, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith Jan 2008

Reforming, Reclaiming Or Reframing Womanhood: Reflections On Advocacy For Women In Custody, Brenda V. Smith

Scholarly Articles in Law Reviews & Journals

I was asked to present one of the keynote addresses for this important symposium, Behind Bars: The Impact of Incarceration on Women and Their Families, sponsored by the Women's Rights Law Reporter at Rutgers University School of Law in Newark. I am happy to write the introductory essay for this meaningful publication which arose from that symposium. This is a particularly hospitable and appropriate environment for this publication given Rutgers University's important place in feminist scholarship and discourse - both in its graduate and undergraduate programs and in its publication arm - Rutgers University Press. Historically,the Women's Rights Law Reporter …


The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson Jan 2008

The Assumptions Behind The Assumptions In The War On Terror: Risk Assessment As An Example Of Foundational Disagreement In Counterterrorism Policy, Kenneth Anderson

Scholarly Articles in Law Reviews & Journals

This 2007 article (based around an invited conference talk at Wayne State in early 2007) addresses risk assessment and cost benefit analysis as mechanisms in counterterrorism policy. It argues that although policy is often best pursued by agreeing to set aside deep foundational differences, in order to obtain a strategic plan for an activity such as counterterrorism, foundational differences must be addressed in order that policy not merely devolve into a policy minimalism that is always and damagingly tactical, never strategic, in order to avoid domestic democratic political conflict. The article takes risk assessment in counterterrorism, using cost benefit analysis, …


Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter Jan 2008

Risky Business: Massachusetts V. Epa, Risk-Based Harm, And Standing In The D.C. Circuit, Amanda Leiter

Scholarly Articles in Law Reviews & Journals

No abstract provided.


Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins Jan 2008

Lessons From Hurricane Katrina: Prison Emergency Preparedness As A Constitutional Imperative, Ira P. Robbins

Scholarly Articles in Law Reviews & Journals

Hurricane Katrina was one of the worst natural disasters ever to strike the United States, in terms of casualties, suffering, and financial cost. Often overlooked among Katrina’s victims are the 8,000 inmates who were incarcerated at Orleans Parish Prison (OPP) when Katrina struck. Despite a mandatory evacuation of New Orleans, these men and women, some of whom had been held on charges as insignificant as public intoxication, remained in the jail as the hurricane hit, and endured days of rising, toxic waters, a lack of food and drinking water, and a complete breakdown of order within OPP. When the inmates …


Grand Jury Discretion And Constitutional Design, Roger Fairfax Jan 2008

Grand Jury Discretion And Constitutional Design, Roger Fairfax

Scholarly Articles in Law Reviews & Journals

The grand jury possesses an unqualified power to decline to indict - despite probable cause that alleged criminal conduct has occurred. A grand jury might exercise this power, for example, to disagree with the wisdom of a criminal law or its application to a particular defendant. A grand jury might also use its discretionary power to send a message of disapproval regarding biased or unwise prosecutorial decisions or inefficient allocation of law enforcement resources in the community. This ability to exercise discretion on bases beyond the sufficiency of the evidence has been characterized pejoratively as grand jury nullification. The dominant …


Data Mining And Internet Profiling: Emerging Regulatory And Technological Approaches, Ira S. Rubinstein, Ronald D. Lee, Paul M. Schwartz Jan 2008

Data Mining And Internet Profiling: Emerging Regulatory And Technological Approaches, Ira S. Rubinstein, Ronald D. Lee, Paul M. Schwartz

University of Chicago Law Review

No abstract provided.


Point And Click To Protect Public Health: Taking Charge Of Information Dissemination Over The Internet During A Public Health Emergency, Laurie N. Stempler Jan 2008

Point And Click To Protect Public Health: Taking Charge Of Information Dissemination Over The Internet During A Public Health Emergency, Laurie N. Stempler

Brooklyn Law Review

No abstract provided.


Focus On Batson: Let The Cameras Roll, Mimi Samuel Jan 2008

Focus On Batson: Let The Cameras Roll, Mimi Samuel

Brooklyn Law Review

No abstract provided.


No Vacancy: Why Immigrant Housing Ordinances Violate Fha And Section 1981, Todd Donnelly Batson Jan 2008

No Vacancy: Why Immigrant Housing Ordinances Violate Fha And Section 1981, Todd Donnelly Batson

Brooklyn Law Review

No abstract provided.


2007-2008 Annual Report Jan 2008

2007-2008 Annual Report

Annual Report Archive

No abstract provided.


Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2007., Stark Town Representatives Jan 2008

Annual Report Of The Town Officers Of Stark, New Hampshire For The Year Ending December 31, 2007., Stark Town Representatives

Stark, NH Annual Reports

This is an annual report containing vital statistics for a town/city in the state of New Hampshire.


A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge Jan 2008

A Time To Mourn: Balancing The Right Of Free Speech Against The Right Of Privacy In Funeral Picketing, Njeri Mathis Rutledge

Maryland Law Review

No abstract provided.


A Bismarckian Moment: Charkaoui And Bill C-3, Craig Forcese, Lorne Waldman Jan 2008

A Bismarckian Moment: Charkaoui And Bill C-3, Craig Forcese, Lorne Waldman

The Supreme Court Law Review: Osgoode’s Annual Constitutional Cases Conference

Bill C-3, an effort to remedy the core defects of the prior immigration security certificate regime, cobbles together a potentially half-hearted “special advocate” regime and converts immigration law into a de facto system of indefinite limits on liberty for foreigners. The new system will generate an inevitable series of new constitutional challenges, some of which may succeed at the Supreme Court unless the deficiencies of Bill C-3 are cured by careful innovation at the Federal Court level. This paper explores these contentions. Part II of the paper provides a brief overview of the immigration security certificate regime and the core …